Revolutionary War Pension and Bounty Land Warrant Application File S. 10,710, James Franklin, N.H.

SERVICE
N.H.
Franklin, James
NUMBER
8.10710
carded
CONTENTS

20.146 Buffalo N.Y.
James Franklin
of Marcellus in the State of N.Y. who was a private in the Comp. commanded by Captain Ashley - of the Regt. commanded by Col. Alpaca in the Am. Island line for 9 Mts
* N.Y. Line. Mch 12/35 Records corrected
Inscribed on the Roll of N.Y. at the rate of DO Dollars Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 8 day of Aug 1833 and to C. Tucker Hudson
Arrears to the 4th of Mar. 33 $ 60 Semi-ant. allowance ending 4 Sep 33  13 $73
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by C. Smith Clerk Book 6 Vol. 3 Page 16

State of NEW YORK Cottontagus County } ss
On this third day of October A.D. 1832 personally appeared in open Court, before the Judges of the Court of Common Pleas of said County, now sitting James Franklin a resident of Cohoes in the said County of Cottontagus, aged eighty two years, who being first duly sworn according to law doth on his oath make the following Declaration in order to obtain the benefit of the act of Congress passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated,
That in the fall of the year 1775 he went as a volunteer to Brattle Hill in Captain Ashley's Company of Militia in the Regt. commanded by Col. Alexander when they stayed about two months when they with the rest of the Company were discharged and returned home to the town of Winchester in the State of NEW Hampshire his place of residence. That he lived at Winchester when he volunteered. That the name of the Ensign in said Company was Seth Alexander & that he don't recollect the name of the Lieutenant. That in the month of February A.D. 1776 he enlisted at Winchester aforesaid in Capt. Hamp William Humphrey's Company of Militia in the Regt. commanded by Col. Lockhart Wingate, that they marched to Charlestown where they stayed a short time & then marched to Rutland in Vermont & stayed there a while & then moved on to Ticonderoga & went over upon Mount Independence where he remained until the ninth day of September A.D. 1776, when he was discharged & went home to Winchester, - That when his enlistment in Capt. Humphrey's Company aforesaid was for one year, but that at the time he received his said discharge, he hired one Jonathan Partridge to take his

plan as will appear from the discharge for he with presented & signed by Col. Wingate —
That at the time he left the service he received two written discharges, one signed by Col. Ichabod Wingate & the other signed by Capt. William Humphrey, both of which discharges are herewith presented — That he served about two months as a volunteer in Capt. Ashley's Company of forage and between seven and eight months months in his enlistment of forage, making nine months actual service in the whole —
That he was born on the 26th day of February A.D. 1752 at the town of Attlebury (Massachusetts) when his age is recorded.
That he has a Record of his age in his Bible at his house in Conneaut of forage — That he left the town of Winchester about twenty four years since & moved to the town of Riga Monroe Co. New York, that about thirteen years since he left Riga & came to Conneaut of forage where he now resides — That he is acquainted with Col. James Mc c lellan & James Watrous who can testify to the truth of his services & that it is very in congruent to the character of a gentleman —
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the agency of any state —
Sworn & subscribed } James Southwick the day & year aforesaid } First Day of March

(WE, James Mc c lashan & James Waterhouse residing in the town of Conneaut in the said County of Cattaraugus hereby certify that we are well acquainted with James Franklin who has subscribed & sworn to the above Declaration, that we believe him to be in the seventy eighty second year of his age, that he is respected and believed in the neighborhood where he resides to have been a Soldier of the Revolution and that we concur in that opinion — Sworn & subscribed the } James Mc c lashan day & year aforesaid } James Waterhouse Bradley Sprague
And the said Court do hereby declare their opinion after the investigation of the matter, and after put- ting the interrogatories prescribed by the War Depart- ment that the above named applicant was a Revolutionary Soldier and served as he states — And the Court further certifies that it appears to them that James Mc c lashan & James Water- house who have signed the preceding Certificate, residents of the town of Conneaut aforesaid, are creditable persons and that their statement is entitled to credit
Don Allen Hon. Leavitt Freeborn D. Jewett Images of the Court of Common Pleas
I John W. Stanton Clerk of the Court of Common Pleas of said County do hereby certify that the foregoing contains the original proceed- ings of the said Court in the matter of the application of James Franklin for a Pension —

In testimony whereof I have hereunto set my hand & seal of office this third day of October in the Year of our Lord one thousand eight hundred and thirty two -
John W. Staunton clerk
Cattaraugus County ss: Personally appeared before me, the undersigned, a judge of the Court of Common Pleas in and for said County, James Franklin, who being duly sworn, deposes and saith that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades: - for two months I served as a private in Capt. Ashley's company of Militia within mentioned. For seven months, I served as a private in Capt. William Humphrey's company, mentioned in the foregoing declaration. Making in the whole nine months and for such service I claim a pension.
Sworn & subscribed the 24 th day of May James Franklin 1833 before me
Thomas J. Wheeler Judge Cattaraugus County, } Cattaraugus Com Pleas State of New York ss:
I John W. Staunton Clerk of the said County, do certify that Thomas J. Wheeler before whom the foregoing affidavit Affidavit purports to have been sworn, was at the date of the same one of the Judges of the Court of Common Pleas in and for the said County, and that I am acquainted with his hand writing, and verily believe his name subscribed to the said affidavit to be his proper hand writing and signature. Witness my hand and seal of office, this 29 th day of May A.D. 1833. John W. Staunton, clerk.
14/5/33 James Franklin. 9 Mos. Service in Militia Chauncy Tucker, Agent at Fredonia, Chautauqua Co. N.York
To whom all communications respecting the within application are to be directed -
Place no. the Pension Agency at the Buffalo Br. Bank - C. Tucker
com d 9 mo. sps 30 H

N o 14829
Ja s Franklin NY
Adm d
Pay see at Buffalo.
Chauncey Tucker, agent
Fredonia
Callen angus Co N.Y.

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of James Franklin, Callaquas Co New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Volun 1775 about 2 Private Ensign Seth Alexander Colo Alexander So. Rutland Vt Manchester New Hampshire Aged 82 Traditionary   Enlist 1776 6 months 738 Capt Ash Lee n/mr Huntstray Colo Joshua Wingate Secondogen Nt. Independence documentary  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss.
County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Rechar
10/10
INVALID.
Rem
File No. 10/10
James Franklin Priv. Rev. War
Act: June 7 th 1832
Index:—Vol. 2 , Page 133
[Arrangement of 1870.]

John Franklin
P. 10710
H. H.

mount independent September 4 1876 this may certify that James Tranchlen is discharged from the army from Col Wingat Regiment and Capt Humphrey Company
James William Humphrey Capt

James Franklin P.O. Box 10710 N.H.

Mount Joy Independence Co
September 9 th 1776
This is to certify James Franklin of Capt. May 1st  June  July  Aug  Sept Company in Col. Wingate's Reg. t Jonathan Patridge to take his place in said Company & the sd Franklin is discharged
from sd Company
Joshua Wingate Col o